UK & Mexico iPod nano Customers Launch Class-Action Suit vs. Apple

By Bryan Chaffin

Nov 6th, 2005 3:00 PM EST

Apple Computer is facing a new class action lawsuit from iPod nano users, this one from nano customers in the United Kingdom and Mexico. Steve Berman, the lead attorney behind a similar suit filed on behalf of U.S. nano owners, announced the second class-action suit Monday. As with the U.S. suit, the new suit was filed in the United States District Court for the Northern District of California.

The suit alleges that iPod nano screens were not protected with enough of a protective coating of resin to prevent the screen from scratching, and that Apple knew about this prior to shipping the product. That accusation mirrors the angle the attorneys have taken in the U.S. suit.

"Appleis iPod Nano has sold in record numbers around the world, just as it did in the US," said Steve Berman of Hagens Berman Sobol Shapiro, in a statement. "It seems that wherever the Nano is sold, problems with the defective design soon follow. The far-reaching response also reveals that this is not just a small problem or a bad batch of Nanois, but a defect in the overall design that should have been rectified prior to the release."

The lead plaintiff in the case is one Ben Jennings, a UK subject. Mr. Berman didnit specify damages sought in the suit, but the suit filed by U.S. nano customers asked for both damages and a percentage of iPod profits. For more information on that report, read TMOis interview with Patrick Warner, an attorney with David P. Meyer & Associates, which is working with Hagens Berman Sobol Shapiro on the suit.